Pro-Life Senators Have Plan to Prevent an Obama Pro-Abortion Recess Appointment to Supreme Court
Pro-life Republicans in Congress detailed a plan to prevent President Barack Obama from appointing a pro-choice judicial appointment during the recess period.
In March, President Obama announced the nomination of Judge Merrick Garland to the U.S. Supreme Court, a move meant to fill the vacated seat of the late Justice Antonin Scalia.
Obama has the authority to appoint Garland while the Senate is in recess. Such an appointment would last until the Senate confirmed a new appointee.
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U.S. Senator Steve Daines of Montana explained in a webcast held Monday evening that Congressional Republicans plan to have members travel to Capitol Hill to technically hold session to block Obama from making such a move.
While Senator Daines said that Obama could do a recess appointment "after three days," he added that "we've got that covered."
"Leader [Mitch] McConnell has put out a schedule for all the Republicans, Senators and we're going to be flying back during the summer recess, even through October, all the way through the end of the year to make sure that every three days somebody comes in, gavels the Senate in, and gavels it out," explained Daines, adding that nothing needs to happen during these sessions.
"I literally walk the Senate floor, I'll preside, I'll call the Senate to order. It will take no longer than three to five minutes, and then I'll gavel the Senate out and that resets the clock for three days until the next Republican shows up to gavel in and gavel out."
Daines' comments were part of a webcast phone call organized by the pro-life group Susan B. Anthony List titled "Stop a Pro-Abortion Supreme Court."
In addition to Daines, other featured speakers on the call included U.S. Senator Chuck Grassley of Iowa and former Colorado congresswoman Marilyn Musgrave.
SBA List President Marjorie Dannenfelser gave the opening remarks for the webcast, explaining to those listening that the members of Congress blocking Garland's nomination are "protecting the U.S. Supreme Court."
"Everything that we've done in the pro-life movement, everybody on the line coming from all different places around the country, different legislatures, different walks of life, have worked so hard to build a movement," said Dannenfelser.
"All of that work, all of the calls, all of the moments where we've communicated with our legislators, all of the luncheons that we have worked on … frankly could be obliterated by a justice of the Supreme Court who would vote with that liberal voting block."
As head of the Judiciary Committee, Sen. Grassley has stated that he does not plan to hold a hearing on the Garland nomination.
During his comments to those listening, Grassley explained that the issue went beyond just one presidential appointment who is expected to make pro-choice rulings.
"I think it is vitally important that we don't have another liberal Supreme Court justice whose worldview is that the Constitution is a 'living, evolving document'," said Grassley.
The strategy that Daines described, while controversial, was previously upheld by the Supreme Court in a unanimous decision decided in June of 2014.
Known as National Labor Relations Board v. Noel Canning, the decision held that while the President can make recess appointments, the Senate can define when they are in session.
"The [Recess Appointments Clause] does not say how long a recess must be in order to fall within the Clause, but even the Solicitor General concedes that a 3-day recess would be too short," read the ruling's syllabus.
"A Senate recess that is so short that it does not require the consent of the House under that Clause is not long enough to trigger the President's recess-appointment power."
